Disposed¶18

Kul Vibhor v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Basic Education Lko. and 2 Others

Allahabad HC15 Sept 2025WRIA/10699/2025

Case brief

AI extract

What is this about?

Compassionate appointment; death in harness; Assistant Teacher father; graduate petitioner; Class-III post; Class-IV post; seven Class-III posts, none vacant; Manav Sampada Portal online application; consideration in accordance with law and relevant rules; six weeks timeline; U.P. Basic Education Department; writ petition disposed of; WRIT - A No. - 10699 of 2025; High Court of Judicature at Allahabad, Lucknow Bench; Abdul Moin, J.; September 15, 2025.

What did the court decide?

Petitioner left free to apply online on the Manav Sampada Portal; upon such application, his claim for compassionate appointment on a Class-IV post to be considered in accordance with law and the relevant rules within six weeks of receipt of a certified copy of the order. ¶18

Kul Vibhor Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Basic Education Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, a graduate son of an Assistant Teacher who died in harness, is entitled to compassionate appointment on a Class-III post commensurate with his qualification rather than being asked to apply for a Class-IV post, notwithstanding alleged vacancies in Class-III posts. +1 more

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Court's answer

If the petitioner applies, his case for compassionate appointment on a Class-IV post is to be considered in accordance with law and the relevant rules, within six weeks from the date of receipt of a certified copy of the order.

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Ratio / Principle

The writ petition is disposed of, leaving it open to the petitioner to apply online on the Manav Sampada Portal.

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Key takeaways

The Court recorded the statement of learned counsel for respondent no. 2 that there are only seven Class-III posts and none of them is vacant, which the Court took into account in disposing of the petition.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Abdul Moin, J. — Writ petition by a graduate son of an Assistant Teacher who died in harness, seeking compassionate appointment to a Class-III post; his claim stood rejected on the ground that no posts were available, and for a Class-IV post he had been directed to apply online on the Manav Sampda Portal. The Court recorded the statement of learned counsel for respondent no. 2 that only seven Class-III posts exist and none is vacant. The writ petition was disposed of, leaving the petitioner free to apply online on the Manav Sampada Portal; if he applies, his claim for compassionate appointment on a Class-IV post is to be considered in accordance with law and the relevant rules within six weeks from the date of receipt of a certified copy of the order. Decided September 15, 2025.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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WRIT - A No. - 10699 of 2025

Kul Vibhor

.....Petitioner(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Basic Education Lko. And 2 Others

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.....Respondent(s) Counsel for Petitioner(s) : Ajai Kumar, Sachin Yadav, Shesh Ram Mishra, Vinayak Pathak Counsel for Respondent(s) : C.S.C., Net Ram Court No. - 4

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HON'BLE ABDUL MOIN, J.

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Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondents no. 1 & 3 and Sri Net Ram, learned counsel for the respondent no. 2.

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With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided.

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The claim of the petitioner for compassionate appointment to a ClassIII post has not been accepted by the respondents by means of the order impugned on the ground that there are no post available. So far as the Class-IV post is concerned, the competent authority has required the petitioner to apply online on the Manav Sampda Portal for consideration of his claim.

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Contention of learned counsel for the petitioner is that the petitioner's father was an Assistant Teacher who died in harness and as such, the petitioner being graduate, he should be given a post as per his qualification and there cannot be any occasion for the respondents to ask the petitioner to apply on a Class-IV post as sufficient number of Class-III posts are lying vacant.

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Per contra, Sri Net Ram, learned counsel for the respondent no. 2 states that there are only seven Class-III post and none of the posts are vacant so as to consider the claim of the petitioner for being appointed on a Class-

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WRIA No. 10699 of 2025

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III post. He further states that it is open for the petitioner to apply against a Class-IV post and his application would be considered in accordance with law.

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The aforesaid statement of Sri Net Ram, learned counsel for the respondent no. 2 of there being no Class-III post vacant is recorded.

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Considering the aforesaid, the writ petition is disposed of leaving it open for the petitioner to apply online on the Manav Sampada Portal. In case, the petitioner applies, his case for compassionate appointment on a Class-IV post would be considered in accordance with law and the relevant rules which consideration would be within a period of six weeks from the date of receipt of a certified copy of this order.

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(Abdul Moin,J.)

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September 15, 2025

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Pachhere/-

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Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench

Kul Vibhor v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Basic Education Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Kul Vibhor v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Basic Education Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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